When a person is arrested in California, they may have the option to post bail and be released from jail while awaiting their trial. But what exactly is bail, and how does it work in California? In this article, we will cover the basics of bail in California, including the process of setting bail, types of bail, and how to post bail.
At The Bail Boys Bail Bonds, we understand your fear and uncertainty and we’ll do everything we can to help you manage the bail process so you can get back to life.
What is Bail?
Bail is a financial agreement between the court and a defendant that allows the defendant to be released from jail while awaiting their trial. The bail amount is set by a judge and is meant to ensure that the defendant appears in court for their trial. If the defendant fails to appear in court, the bail money is forfeited and a warrant is issued for their arrest.
How Does Bail Work?
If you’re arrested in California and taken to jail, a judge in the county you were arrested in determines your bond amount. A Bail Boys Bail Bonds agent will then charge you 10% of the bail amount to secure your release from jail. This is a standard rate that is determined by the State of California. We also offer options that allow for between 0% and 2% of the bail amount for qualifying defendants. As long as the cosigner and payment method for your bail meet our requirements the bail process is fairly quick and easy.
How Is Bail Determined?
- What is the criminal history of the defendant? – A person with an extensive criminal history will receive a higher bail amount than someone who is a first-time offender.
- Is the person considered a flight risk? – If there’s a chance that the individual will flee before their court date, bail will be set higher than for someone that isn’t a risk.
- What are the defendant’s important family obligations? – Judges understand that defendants are also parents, spouses, and caregivers and take that into consideration when setting bail.
- What kind of community connections does the defendant have? – Those with strong connections to the community may receive a lighter bail than those who are not well connected.
- Is the defendant a potential risk to public safety? – The risk factor involved will determine whether bail is granted and how much the bail is set for.
Types of Bail in California
There are several types of bail available in California, including:
Cash Bail
Cash bail is the most common type of bail in California. To post cash bail, the defendant or someone on their behalf must pay the full amount of the bail in cash to the court. If the defendant appears in court as required, the bail money is returned at the end of the trial.
Bail Bond
A bail bond is a contract between the defendant, a bail bond agent, and the court. The defendant or someone on their behalf pays a non-refundable fee to the bail bond agent, who then posts a bond with the court for the full amount of the bail. If the defendant fails to appear in court, the bail bond agent is responsible for paying the full amount of the bail.
Property Bond
A property bond is a type of bail where the defendant or someone on their behalf uses their property as collateral for the bail amount. If the defendant fails to appear in court, the court can foreclose on the property to pay the bail amount.
What Do I Need to Post Someone’s Bail?
The requirements for posting someone’s bail are fairly simple. First and foremost, the cosigner must be a legal U.S. resident who is 18 years old or older. Beyond this most basic requirement, there are also three things you’ll have to bring along when posting bail.
- A valid identification such as a driver’s license or state identification.
- A recent paycheck stub or other proof of income.
- A recent utility bill showing proof of residency.
You’ll also need to be able to provide the following information:
- The charges the defendant is facing.
- The jail the person is being held in.
- The defendant’s date of birth.
- The individual’s booking number at the jail.
What Payment Methods Can I Use to Pay Bail?
You can pay a defendant’s bail using a variety of methods including:
- Cash
- Credit Card
- Money Order
- Western Union Quick Collect
How Long Does it Take to Process the Bail Paperwork?
Typically, it only takes around 20 minutes for the bail paperwork to be processed.
How Long Does it Take to Release a Person After Bail Is Posted?
That depends upon where the person was arrested and the facility that they’re being held in. However, most jails release bonded defendants within 4 hours. In some cases, the defendant may be released in as little as half an hour.
If I Cosign Someone’s Bail, What Are My Responsibilities?
If you’re willing to post someone’s bail, you take on a certain amount of responsibility, beyond your financial input. You’ll also be responsible for:
- Making sure the defendant appears in court when scheduled.
- Ensuring the defendant informs Bail Boys Bail Bonds of future court dates.
- Paying any applicable premiums.
What Responsibilities Does the Defendant Have?
A defendant that has been bailed out of jail is responsible for their own actions after being released. Defendants are expected to take on the following responsibilities:
- Reporting to the local Bail Boys Bail Bonds office to complete the necessary paperwork upon being released from jail. At this point, the defendant will receive information about upcoming court dates.
- Defendants must also report any new court dates to Bail Boys Bail Bonds either in person or over the telephone at 800-798-7366.
- Finally, a defendant must appear for all of their scheduled court dates.
Do I Have to Accompany the Defendant to Complete Paperwork or to Court?
No, you are not responsible for making sure the defendant complies with the terms of their bail bond agreement. However, if you’re worried they won’t, it may be a good idea for you to be there to make sure.
Do I Get My Money Back After the Defendant Goes to Court?
No, you won’t get a refund for your payment. Our bail fees are non-refundable unless there’s a reason we are unable to post the bond for certain reasons. If bail cannot be posted, you may be entitled to a refund.
What Are the Benefits of Bailing Someone Out of Jail?
There are several personal and legal benefits for a defendant who has been bailed out of jail.
- If the individual is a loved one, you show them your love and support by helping them post bail.
- The defendant can return to work, school, and continue to maintain their family life.
- It allows the defendant time to prepare a defense against the charges their faced with.
- It prevents the defendant from being punished prior to an official conviction.
Where Is The Bail Boys Bail Bonds Located?
Bail Boys Bail Bonds offers bail bond services from several locations the Los Angeles area. In fact, we have 8 locations in Los Angeles County and another location in Ventura County, so we’re always close by when you need us.
If you, or a loved one has been arrested and you need the help of a professional bail bond agent, don’t hesitate to call Bail Boys Bail Bonds at 800-798-7366 or contact us online to get the help you need. We know you’re stressed and worried and we’ll make the bail process as easy as possible for you so you can focus on what really matters to you. We’re available 24 hours a day, 7 days a week, including weekends and holidays.